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Madras High CourtCMA/1997/2022disposed of

The Divisional Manager v. John Alias John Christian

2023-02-11Honourable Mr Justice D.Bharatha Chakravarthy4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 11th day of February 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Member :

Mr. S.Boothanathan (Retd.D.J.) Mrs. S.Sridevi (Advocate) C.M.A.No.1997 of 2022 (Appeal against the Judgment and Decree dated 13.06.2017 made in M.C.O.P.No.21 of 2016 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Neyveli.) The Divisional Manager United India Insurance Co. Ltd Block - 18, Neyveli Township.

..

Appellant Vs

1. John Christian

2. Rani ..

Respondents This case came up for settlement before the Lok Adalat. Ms.L.Malar, learned counsel for the appellant and the learned counsel for the respondent are present. After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT As against the claim amount of Rs.1,60,600/- with further interest at 9% per annum, the parties have agreed to settle for a total sum of Rs.1,20,000/- with the further interest at the rate of 7.5% from the date of the petition till the date of deposit. It is said that already, the entire amount has been deposited to the Court of the MCOP.

2. Accordingly, the claimant will be entitled to withdraw the said amount of Rs.1,20,000/- along with interest at the rate of 7.5% from the date of the petition till the date of deposit. The balance amount, if any, shall be refunded to the insurance Company.

3. In view of the same, the Civil Miscellaneous Appeal stands disposed off.

The Divisional Manager United India Insurance Co. Ltd Block - 18, Neyveli Township.

Counsel for the appellant

1. John Christian

2. Rani Counsel for the respondents

This Lok Adalat award is passed in terms of the above settlement. The full court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court Fees and suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 2 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To: The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal Subordinate Court, Neyveli.

2. The Secretary, High Court Legal Services Committee, Chennai.

3. The Section Officer, V.R. Section, High Court, Madras.

4. The Section Officer, Lok Adalat Section, High Court Madras. +2 copies drm

D.Bharatha Chakravarthy,J.

drm C.M.A.No.1997 of 2022 11.02.2023